A 10-million-follower influencer questioned: false advertising or a slip of the tongue?

📅 2022-11-14 📂 Zhiming Hot CommentsZhiming Hot Comments 🏷️ #小贝饿了 #[3] Advertising Law #抖音 #网红 #虚假宣传

[4] Compiled from: Red Star News
 
Case review
Xiaobei Hungry, who has nearly 20 million followers on the short video platform, has recently been thrust into the spotlight after being questioned by netizens about false propaganda and quality issues with products promoted in live streams.

 
 

The critic, whose online name is "Shengtang Leiyin," questioned that a steak promoted by Xiaobei Hungry was "fake meat," stating that consumers found its quality not as good as advertised after purchase. Shortly after this critical video was posted, netizens left comments under Xiaobei Hungry's recent videos, questioning the quality of the promoted products and demanding an apology.
 
On November 5 and 7, in response to online doubts, Xiaobei Hungry issued two statements, claiming that the products promoted had undergone strict screening and had no quality issues. Xiaobei Hungry mentioned, "This product is a still-marinated sirloin steak. The product title and details on the merchant's explanation card repeatedly mention that the steak is original-cut and still-marinated, with the meat source being original-cut meat and the process being still marination. During my explanation, I mostly referred to it as original-cut still-marinated, occasionally abbreviating it as original-cut." Regarding this, Xiaobei Hungry stated, "Whether this promotional wording is standard is currently under investigation by relevant national authorities, and we are actively cooperating. If the investigation confirms that our promotional wording was inappropriate, we will actively assume the corresponding legal responsibilities."

 

 
Product Quality Law of the People's Republic of China
Article 50
Adulterating or mixing impurities into products, passing off fake products as genuine, inferior products as high-quality, or substandard products as qualified shall result in an order to cease production and sales, confiscation of the illegally produced and sold products, and a fine of not less than 50% but not more than three times the value of the illegally produced and sold products; if there is illegal income, it shall be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal liability shall be pursued according to law.
 
 
[1] The People's Republic of ChinaAdvertising Law
Article 4
Advertisements shall not contain false or misleading content, nor deceive or mislead consumers.
Advertisers shall be responsible for the truthfulness of the advertising content.

 
 

 
[1] The author's perspective
In this incident, attention should be paid to the difference between "original cut steak" and "original cut marinated steak," which is a gimmick used by merchants to boost sales and often causes confusion. Original cut steak is purely natural beef slices, while marinated steak is a processed steak, meaning beef slices processed with soy sauce, pigments, and various seasonings and additives. These two are distinctly different. Therefore, if Xiaobei used "original cut steak" to refer to "marinated steak" in promotional materials, it may constitute false advertising as defined in the Advertising Law, which is a fraudulent act, and this is the main reason for relevant authorities to intervene and investigate. Additionally, from the perspective of product quality itself, the Product Quality Law is also involved. From the above legal provisions, it can be seen that if product quality issues arise, both the producer and seller bear responsibility, and consumers can choose either party to claim compensation, thereby ensuring protection.

Thus, it can be seen that influencer-driven sales may bring substantial income, but require a very clear understanding of the products being sold. Among the thousands of live-stream viewers, there are not only consumers but also some "nitpickers." It is precisely because of these people that a layer of supervision is formed over the quality of influencers' salesmanship and the products themselves. Standardizing promotional language, strengthening product review, and improving after-sales service are all details that need attention, and they are also decisive factors in enhancing one's reputation. As the saying goes, "Water can carry a boat, but it can also overturn it."

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